A Butler County lawmaker no longer faces a felony charge that could have resulted in his automatic ouster from the legislature.
A Butler County grand jury indicted State Representative Wes Retherford of Hamilton only on a misdemeanor charge of driving under the influence.
Police initially charged the Republican legislator also with improper handling of a firearm in a vehicle, a felony. The grand jury declined to indict on that count.
The Butler County Sheriff's Office said authorities arrested Retherford March 12 after someone reported a man passed out behind the wheel at a McDonald's restaurant. Deputies said they found a loaded handgun in a car seat.
Retherford has not made any public comments about the arrest.